Evidence-Wellborn SU2006 Outline

Ea procedural posture government intended to call

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Unformatted text preview: executed and excludes the secondary evidence, the case is at an end without ever going to the jury on a central issue. Illustration of issue b: Whether another writing, recording, or photograph produced at trial is the original Two documents are produced, p contends one is the original, d says the other is the original must go to the jury. Illustration of issue c: Whether other evidence of contents correctly reflects the contents P having established that a written contract is lost, testifies to its terms. D objects that P's testimony is inaccurate and offers his own "correct version". whose secondary evidence is correct goes to the jury, not the judge. SEILER v. LUCASFILM, LTD. [Best Evidence Rule Functions of Court and Jury: FRE 1008] Facts: Seiler claimed copyright infringement by George Lucas. Seiler couldn't produce any originals of his "Garthian Striders" not any documentary evidence that they existed before Empire strikes back. Procedural Posture: District judge, applying the best evidence rule, found that Seiler had lost or destroyed the originals in bad faith under FRE 1004(1) and therefore denied admissibility of any secondary evidence. Iss...
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This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas.

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